The redevelopment authority may acquire all or any part of real property in accordance with this chapter by the exercise of the power of eminent domain whenever the redevelopment authority determines that the acquisition of the real property is in the public interest or necessary for the purposes of this chapter.
1.Resolution; documents filed; damages determined.
The necessity of an acquisition under this section is conclusively presumed upon the redevelopment authority's adoption of a resolution declaring that the acquisition of the real property described in the resolution is in the public interest and necessary for the purposes of this chapter.
2.Title vests in redevelopment authority; bonds deposited.
Title to real property under this section vests in the redevelopment authority in f
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The redevelopment authority may acquire all or any part of real property in accordance with this chapter by the exercise of the power of eminent domain whenever the redevelopment authority determines that the acquisition of the real property is in the public interest or necessary for the purposes of this chapter.
1.
Resolution; documents filed; damages determined.
The necessity of an acquisition under this section is conclusively presumed upon the redevelopment authority's adoption of a resolution declaring that the acquisition of the real property described in the resolution is in the public interest and necessary for the purposes of this chapter.
2.
Title vests in redevelopment authority; bonds deposited.
Title to real property under this section vests in the redevelopment authority in fee simple absolute and the redevelopment authority may take possession of the real property when:
3.
Service on owners; nonresidents; unknown owners.
After the copy, plat and statement are filed under subsection 1, paragraph A, a sheriff or a sheriff's deputy shall serve notice of the taking of the real property upon the owner of the real property by delivering a true and attested copy of the description and statement under subsection 1 to the owner personally or at the owner's last and usual place of abode in the State or to a person living there.
4.
Notice published.
After the resolution, plat and statement are filed under subsection 1, paragraph A, the redevelopment authority shall publish a copy of the resolution and statement in a newspaper having general circulation in the county at least once a week for 3 successive weeks. The statement must set forth the names of the owners of the real property to be taken and the amount awarded to them.
5.
Agreement and cancellation of bonds.
When an owner of real property taken under this section agrees with the redevelopment authority on the price of the real property and the sum agreed upon is paid by the redevelopment authority, the court shall order the bonds deposited under subsection 2, paragraph C to be cancelled and returned to the redevelopment authority.
6.
Complaint to Superior Court; trial.
An owner of real property taken under this section who cannot agree with the redevelopment authority on the price of the real property may within 3 months after personal notice of the taking or, if the owner has no personal notice, within one year from the first publication of the copy of the resolution and statement under subsection 4 apply by complaint to the Superior Court in the applicable county, setting forth the taking of the real property and petitioning for an assessment of damages by a jury or, by agreement of the parties, a referee or referees appointed by the court.
7.
Conflicting ownership.
If the redevelopment authority is in doubt as to conflicting ownership or interest, the redevelopment authority may file a complaint in the Superior Court for a determination of the various rights and amounts due. If 2 or more conflicting plaintiffs claim the same real property or different interests in the same parcel of real property, the court, upon motion, shall consolidate their several complaints for trial at the same time by the same jury and may frame all necessary issues for the trial of that action.
8.
Appeal.
Appeal from the decision of the Superior Court may be made in the same manner as is provided for appeals in civil cases.
9.
Property of incapable persons.
If any real property in which a person not capable in law to act in the person's own behalf is interested is taken by the redevelopment authority under this chapter, the Superior Court, upon the filing of any complaint by or in behalf of the person, may appoint a guardian ad litem for the person. This guardian may appear and be heard on behalf of the person and may, with the advice and consent of the Superior Court and upon any terms that the Superior Court prescribes, release to the redevelopment authority all claims for damages for the real property of the person. Any lawfully appointed, qualified and acting guardian or other fiduciary of the estate of such a person, with the approval of the Probate Court having jurisdiction to authorize the sale of real property within the State of the person, may, before the filing of any such complaint, agree with the redevelopment authority upon the amount of damages suffered by the person by any taking of real property and may, upon receiving that amount, release to the redevelopment authority all claims for damages of the person for the taking.
10.
Expediting proceedings; taking public property.
In any proceedings for the assessment of compensation and damages for real property taken or to be taken by eminent domain by the redevelopment authority, the following provisions apply.